Tennessee self-defense law and prohibited possessors

[LHS]

This is an interesting story. Scumbag enters quickie-mart with drawn pistol, begins to rob it at gunpoint, forcing the clerk behind the counter. Clerk's friend is sitting in his car outside the shop, and witnesses this. Friend draws his own pistol, walks into quickie-mart, and pops scumbag with a single well-placed round.

Pretty cut-and-dried, right? Good shoot, nobody important was hurt, all is right with the world.

Except... Clerk's friend is a convicted felon, and thus a prohibited possessor. Well, apparently in Tennessee, that's a Get Out of Jail Free card. The cops took his gun and won't be returning it, but they can't charge him with illegal possession because he used the weapon in lawful defense of a third party.

Interesting.

http://www.knoxnews.com/news/watchful-eye/prosecutor-no-charges-in-death-of-breadbox-robber_01530863

[JDM]

Interesting indeed. The circumstances read like an evolved version of the competing harms doctrine.

Thanks for sharing.

[Le Français]

He could still be charged under federal law; since he was already in possession of the gun before the incident, he likely wouldn't be able to successfully use the argument that he only took possession of the gun because of an urgent need to use it.

[BehindBlueI's]

In Indiana, self defense if a valid reason for a felon to possess and use a firearm if the situation is imminent. It is not ok in a general "something bad might happen so I carry just in case" situation.

Recent case law that addresses when it's ok and not ok:

http://www.in.gov/judiciary/opinions/pdf/07031207ewn.pdf

For those who don't care to read it, the felon can't have access up front and must relinquish the gun immediately after the threat is passed.

1) House is under attack, someone arms a felon to help defend the house = ok
2) Person sees attacker get a weapon, person breaks into a lock box to retrieve a weapon that is not his but uses it for self defense = ok
3) Having gun in the business or on the person of a convicted felon prior to a robbery or attack and then using it to repel that attack = not ok.